Standard Terms for Facilitators

The terms and conditions specified below form part of the agreement (Engagement Agreement) between Jewish House (ABN 19 350 397 588), trading as ‘One&All’ (One&All), and the facilitator specified in the Engagement Agreement engaged by One&All to facilitate workshop programs at the One&All Hub.

Terms used in these Standard Terms for Facilitators that are defined in the Engagement Agreement will have the meaning given to them in that agreement.

Changes to scope of Services

Any change to the scope of the Services or the timeline for the provision of the Services must be confirmed in writing by One&All and you.

One&All’s responsibilities

One&All will provide:

  • the Personnel with access to the One&All Hub for the purpose of performing the Services,

  • a One&All liaison person to act as the central point of contact between you and One&All in relation to the performance of the Services, and

  • any items specified in an agreed Service Schedule or Lesson Plan.

One&All will only use and disclose any personal information of Personnel provided to One&All in the manner and for the purposes specified in its Privacy Policy available at www.oneandallhub.org/privacy-policy.

Your responsibilities

You will:

  • ensure that the Personnel are appropriately qualified to perform the Services,

  • perform, and ensure that the Personnel perform, the Services in accordance with the reasonable directions of One&All staff and all applicable laws,

  • complete, and ensure that the Personnel complete, any induction or training reasonably required by One&All within required timeframes,

  • adhere to, and ensure that the Personnel adhere to, all One&All policies and procedures applicable to the performance of the Services at the One&All Hub, including:

  • adhere to, and ensure that the Personnel adhere to, the NDIS Code of Conduct, available at www.ndiscommission.gov.au/about/ndis-code-conduct,

  • pay all legal employment benefits and assume all liabilities for the Personnel, including superannuation and the provision of appropriate paid leave. Nothing in this agreement will constitute any Personnel as an employee or subcontractor of One&All,

  • maintain insurance for the Personnel, including workers’ compensation and public liability insurance, from the Commencement Date and provide evidence of the insurances on request, and

  • notify One&All promptly of any offences or criminal proceedings relating to the Personnel not previously disclosed which may change the status of an NDIS Worker Check or a Working With Children Check.

Personnel checks

Prior to the Personnel performing any of the Services at the One&All Hub, you must provide One&All with proof that they:

  • have successfully completed an NDIS Worker Check and a Working With Children Check, and

  • have a current COVID-19 vaccination certificate (if they are fully vaccinated against COVID-19), or

  • have a valid written medical exemption (if they are not vaccinated against COVID-19 due to a medical exemption).

One&All may in its absolute discretion deny any Personnel access to the One&All Hub if you have not provided this proof.

IP Rights

  • All intellectual property rights (including all inventions, discoveries and copyright in works) (IP Rights) arising out of the provision of the Services by you are immediately assigned to and vest in One&All.

  • All rights in and to processes, practices, systems and methodologies capable of protection in any jurisdiction as confidential information or trade secrets that are created in the course of provision of the Services will be exclusive rights of and vest in One&All.

  • You must execute all documents and do all acts and things reasonably necessary to vest, or better assure or evidence vesting of, the IP Rights and rights in and to confidential information or trade secrets, in One&All as required by the Engagement Agreement.

Confidentiality

You have the following responsibilities in relation to any confidential information of One&All (including confidential information of any client of One&All) received or accessed by it during the provision of the Services:

  • you will not use, and will ensure that the Personnel do not use, that confidential information for any purpose other than the provision of the Services, and

  • you will not disclose, and will ensure that the Personnel do not disclose, that confidential information to any third party unless required by law to do so, or with the prior written consent of One&All.

Photographs & Videos

You must not take, and must ensure that the Personnel do not take, any photographs or video footage of clients, staff, support workers, volunteers or other facilitators at the One&All Hub unless expressly asked to do so by One&All.

If you or the Personnel are asked to take any photographs or video footage of clients, staff, support workers, volunteers or other facilitators at the One&All Hub, you will, and will ensure that the Personnel will, only use, copy, distribute or share those photographs or that footage for the purpose and in the manner expressly authorised by One&All.

Cancellation of scheduled workshop sessions by One&All

One&All may cancel a scheduled workshop session under an Individual Agreement at any time by notice to you if One&All is required to temporarily suspend operation of the One&All Hub for any reason outside our control (e.g. a COVID-related incident or physical damage to the building that requires closure of the One&All Hub). One&All will provide you with as much notice as possible of any such cancellation.

If One&All cancels a scheduled workshop session in these circumstances, One&All will not be liable to pay you for the cancelled session.

Termination

Either party may terminate the Engagement Agreement at any time by notice to the other with immediate effect from the date of the notice if the other party breaches any provision of the Engagement Agreement (including these Standard Terms for Facilitators) and fails to remedy the breach within the time specified in the notice.

Either party may terminate an Individual Agreement at any time by notice to the other with immediate effect from the date of the notice if the other party:

  • breaches any provision of the Individual Agreement and fails to remedy the breach within the time specified in the notice, or

  • has been unable to perform the Services under the Individual Agreement for more than three weeks because of an unavoidable delay.

Terminating:

  • the Engagement Agreement will have the effect of terminating all Individual Agreements made under it, and

  • an Individual Agreement will only have the effect of terminating that Individual Agreement and will not affect any other Individual Agreement, unless that Individual Agreement was the last one in effect between the parties.

On termination of the Engagement Agreement or an Individual Agreement for any reason, One&All will pay you for any work that has been completed under an Individual Agreement up until and including the date of termination.

Applicable law

Your engagement is governed by and is to be construed in accordance with the laws applicable in the State of New South Wales.

Entire agreement

The Engagement Agreement, these Standard Terms for Facilitators and each agreed Service Schedule or Lesson Plan represents the complete arrangement between One&All and you for the provision of the Services under that Service Schedule or Lesson Plan.

Effective: 3 June 2024